Case Note & Summary
The petitioner, Gajanan s/o Siddappa Maitri, was a Class-II (Group-B) Income Tax Officer at Ward-Osmanabad Camp at Latur, who had rendered 35 years of service. On 20.11.2017, he gave a notice for voluntary retirement from the post of Income Tax Officer, intending to retire on 31.01.2018. However, before the intended date, on 27.12.2017, the petitioner submitted an application withdrawing his notice of voluntary retirement. The respondents did not accept the withdrawal and treated the petitioner as voluntarily retired from 31.01.2018. The petitioner challenged this action by filing a writ petition. The legal issue was whether an employee can withdraw a notice of voluntary retirement after the intended date of retirement specified in the notice. The petitioner argued that he had withdrawn the notice before the intended date and that the respondents had not communicated acceptance before that date. The respondents contended that the notice could not be withdrawn after the intended date. The Court analyzed Rule 48-A of the Central Civil Services (Pension) Rules, 1972, and relevant precedents, including the Supreme Court's decision in Bank of India v. O.P. Swarnakar, which held that a notice of voluntary retirement can be withdrawn before the actual date of relieving, even if the intended date has passed, provided the notice has not been accepted and the employee continues in service. The Court found that the petitioner had withdrawn the notice before the intended date and that the respondents had not communicated acceptance before that date. Therefore, the Court allowed the petition, quashed the order treating the petitioner as voluntarily retired, and directed the respondents to reinstate the petitioner with continuity of service and consequential benefits.
Headnote
A) Service Law - Voluntary Retirement - Withdrawal of Notice - Rule 48-A of Central Civil Services (Pension) Rules, 1972 - The issue was whether an employee can withdraw a notice of voluntary retirement after the intended date of retirement specified in the notice. The Court held that the employee can withdraw the notice before the actual date of relieving, even if the intended date has passed, as long as the notice has not been accepted and the employee continues in service. The Court relied on the principle that the employer must communicate acceptance before the intended date, and if not, the employee retains the right to withdraw. (Paras 1-10)
Issue of Consideration
Whether an employee is entitled to withdraw his notice of voluntary retirement after the intended period of retirement specified in the notice.
Final Decision
The petition is allowed. The order dated 31.01.2018 treating the petitioner as voluntarily retired is quashed and set aside. The respondents are directed to reinstate the petitioner in service with continuity of service and all consequential benefits.
Law Points
- Voluntary retirement notice can be withdrawn before actual relieving date
- even after intended retirement date
- if not yet accepted and employee continues in service
- Rule 48-A of CCS (Pension) Rules
- 1972
